obligations under this Section 5.9). If the applicable Tax Indemnitee contests any claim for Taxes by making a payment and seeking a refund thereof, then Lessee shall advance to such Tax Indemnitee, on an interest-free basis, an amount equal to the
Taxes to be paid by such Tax Indemnitee in connection with the contest and shall indemnify such Tax Indemnitee on an After-Tax Basis for any adverse tax consequences to such Tax Indemnitee of such interest-free advance. Upon the final determination
of any contest pursuant to this Section 5.9 in respect of any Taxes for which Lessee shall have made an advance in accordance with the immediately preceding sentence, the amount of Lessee’s obligation shall be determined as if such advance had
not been made; any indemnity obligation of Lessee to the applicable Tax Indemnitee under this Section 5.9 and the applicable Tax Indemnitee’s obligation to repay the advance will be satisfied first by setoff against each other, and any
difference owing by either party shall be paid within fifteen (15) Business Days after such final determination.  |